I was doing some research the other day and came across this appeal from a civil lawsuit. It's sad but is also a real head scratcher. If someone on here knows the litigants, or the deceased, I'm not making fun or trying to disparage the person. I just couldn't believe what I was reading, and thought I would share.
_________________________________________________
This appeal arises from a most unfortunate, unintended, and
unwitnessed death. Dr. _________ was pierced in the head by the cable
guard of his 2007 Hoyt Vulcan XT500 bow (A cable guard is a fiberglass rod that runs perpendicular from the riser—the central component of the bow here the handle is located—toward the bowstring. It keeps the cable out of the arrow’s line of fire), which he was examining, and possibly modifying, while at his home.
. . .
Dr. _________ was an avid bow hunter. One evening, while at home, with
his wife seated in a different room, he sat at his computer with his Hoyt
compound bow. His wife asked what he was doing, and he told her that he was searching the internet for a new part. A few minutes later, his wife heard a loud noise and found her husband lying unconscious on the floor with the
compound bow’s metal cable guard in his head through his left temple. The
rod went deep into Dr. _________’s brain. He died the next day. No one saw the accident.
How the accident occurred is confounding and is the subject of this litigation. Hoyt, the manufacturer, contends that, when modifying the bow,Dr. ______ voluntarily placed his head in the bow to examine it while pulling the drawstring; then, he accidentally lost control of the string, causing the
cable guard to enter his head; and that such use of the bow was not a
reasonably anticipated use of the instrument. The [Dr.'s family] contend that Dr.________ did not voluntarily place his head into the bow but instead that the compound bow was defective, and the defect caused the cable guard to release and enter Dr. _______’s brain.
Stay safe!
_________________________________________________
This appeal arises from a most unfortunate, unintended, and
unwitnessed death. Dr. _________ was pierced in the head by the cable
guard of his 2007 Hoyt Vulcan XT500 bow (A cable guard is a fiberglass rod that runs perpendicular from the riser—the central component of the bow here the handle is located—toward the bowstring. It keeps the cable out of the arrow’s line of fire), which he was examining, and possibly modifying, while at his home.
. . .
Dr. _________ was an avid bow hunter. One evening, while at home, with
his wife seated in a different room, he sat at his computer with his Hoyt
compound bow. His wife asked what he was doing, and he told her that he was searching the internet for a new part. A few minutes later, his wife heard a loud noise and found her husband lying unconscious on the floor with the
compound bow’s metal cable guard in his head through his left temple. The
rod went deep into Dr. _________’s brain. He died the next day. No one saw the accident.
How the accident occurred is confounding and is the subject of this litigation. Hoyt, the manufacturer, contends that, when modifying the bow,Dr. ______ voluntarily placed his head in the bow to examine it while pulling the drawstring; then, he accidentally lost control of the string, causing the
cable guard to enter his head; and that such use of the bow was not a
reasonably anticipated use of the instrument. The [Dr.'s family] contend that Dr.________ did not voluntarily place his head into the bow but instead that the compound bow was defective, and the defect caused the cable guard to release and enter Dr. _______’s brain.
Stay safe!
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